Texas-based Blue Bell recalled all its ice cream and halted production in April after a series of listeria infections linked to its products.

The lawsuit says Shockley was hospitalized with respiratory failure and septic shock in October 2013 after eating Blue Bell products while working at a retirement complex in Houston. The lawsuit says doctors diagnosed him with listeria meningitis with encephalitis.

Shockley, who suffered brain damage, now lives with relatives in Snow Hill, Maryland.